Women's Rights in Syria
Achievements You Can Count on One Hand
and Innumerable Failures

By: Yahya Alous

Time after time, those who adhere to the wisdom of "equal choices, not equality" bombard us with accounts of the achievements they have made in improving the legal status of Syrian women. They vaunt these things they call achievements but which are in fact nothing more but a small part of the general façade which hides a decrepit state of affairs which we can no longer pretend is acceptable. Among these headache- inducing "achievements" is an increase in the length of time divorced women are entitled to custody of their children, new legislation permitting the working woman – after she dies, of course- to bequeath her income to the descendents, an increase in paid maternity leave and, last but not least, the establishment of the Syrian Association for Family Affairs… And all of this as if no other state has ever dared introduce such novel changes!

Perhaps this propaganda is necessary as it serves to remind us of what has not been achieved and what is feared will not be achieved until the days of our granddaughters! Take, for example, the first of these "achievements" – granting divorced mothers custody of her children until they reach the age of 13 (for boys) or 15 (for girls). Everyone from the General Women's Union to Parliament are claiming credit for the introduction of this inadequate law which actually increases the suffering of Syrian women as there has been no corresponding rise in the amount of maintenance paid by the father. At present fathers are obliged to pay no more than 1,000 lira, which is not adequate when taking into consideration the current exorbitant rises in prices which hit our villages before our cities.

Moreover, this law is sufficiently vague to allow many possible ways of bypassing it, thereby depriving many women of custody of their children. Especially considering that legislation granting the divorced woman the family home is still far from being realized.

Regarding the subject of giving working women the right to leave their pensions to their legal inheritors – in accordance with the social security law- , there is no doubt this is an important ruling. However, we must not forget that this is among the most basic rights which all governments of the world grant their citizens. It is not an act of goodwill on the part of the state but an essential right, supported by the Syrian constitution which clearly stipulates equality between men and women in both rights and duties. When this law is referred to, we must never forget what it contains in the way of discrimination and unfairness towards women. For example, article 35 of the 2001/78 ruling decrees that, in the case of death, the income of an insured working woman is transferred to her children and husband, even if he is employed. This law deprives her parents of her income, even if they can legally prove they depend on it to support them. If a childless woman dies, her husband is the sole inheritor, again depriving her parents of anything. In contrast, when the husband dies the situation is reversed – his wife does not inherit anything if she works for the state. This is a huge discrimination against women.

The third achievement they tell us about is the gradually decreasing paid maternity leave for the third child. It is known that women working for the state have guaranteed daycare places for their children, which is of no less importance than the increase in maternity leave. However, there are still many obstacles in providing these places and the government has thus far been unable to offer a comprehensive solution. We will not speak about women who work outside the state. In the absence or withholding of legislation to protect them, many women who work in the private sector find that with the coming of their first pregnancy their services are no longer required. It is as if the state feels that it is only obliged to protect its own employees, leaving private sector workers to face the greed of company owners alone.

Regarding the establishment of the Syrian Association of Family Affairs, this is a step along the way but it is feared that it will be lost in the labyrinths of bureaucracy. After all, it began its existence in a governmental department already swollen with more than enough concerns.

It is known that it owes its existence to the work of activists, both male and female, from women and family NGO's. However, before long these very same activists began to disassociate themselves from it  one by one.

If it is right for them to remind us of the establishment of this body then it is right for us to remember the decisions made by the Minister for Social Affairs and Labour who prohibited dealings with The Syrian Women's League – the oldest women's organization in Syria- and withdrew the license for the Social Enterprise Association. We mention this because the founding of this new body does not mean that all efforts from other quarters must be suspended. Whatever justifications are offered, they will convince no one, even if it is claimed it is for the common good.